[Cites 7, Cited by 0]
Madhya Pradesh High Court
Sevak vs The State Of Madhya Pradesh on 25 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:5571
1 MCRC-54985-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 25th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 54985 of 2025
SEVAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave - Advocate for the applicant.
Shri Sunit Kapoor - Government Advocate for the respondent/State.
ORDER
1. They are heard. Perused the case diary/challan papers.
2. This is the applicant's 4th application under Section 483 of Bhartiya
Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code,
1973), as he is implicated in connection with Crime No.367/24 registered at
Police Station Petlawad, District Jhabua (MP) for offence punishable under
Section 103, 296, 115, 351(2), 3(5) of the BNS, 2023. The applicant is
lodged in jail since 22.7.2024. Applicant's earlier applications have already
been dismissed with liberty to renew the prayer after 4 months and also with
liberty to renew the prayer after the material witnesses are examined in the
trial Court.
3. As per the prosecution case, on 10.7.2024 applicant along with other
co-accused persons abused to the complainant Kalumal and beaten him and
his family members by means of wooden stick. During treatment injured
NEUTRAL CITATION NO. 2026:MPHC-IND:5571
2 MCRC-54985-2025
Javar Singh died in the hospital. Accordingly aforesaid offence has been
registered against the applicant.
4. Counsel for the applicant has submitted that the applicant is lodged
in jail since 22.7.2024 and out of 17 witnesses only 2 witnesses have been
examined. The witnesses are deliberately not appearing in the trial Court. He
has drawn attention of this Court to the cross FIR registered at Crime
No.368/2024, in which four persons of the applicant's side were also
sustained simple injuries and the applicant has also suffered head injury on
his occipital region. Counsel for the applicant further submitted that
admittedly the incident took place on 10.7.2024, whereas the deceased died
on 20.7.2024 and initially the case was registered under bailable offences and
only on account of head injury suffered by the deceased, he succumbed to
death. Thus, it is submitted that it is a case of free fight between the parties
on account of the dispute over agricultural land. The final conclusion of trial
is likely to take sufficient long time. Hence, it is submitted that the bail
application be allowed and applicant be released on bail.
5. Counsel for the respondent / State, on the other hand, has opposed
the prayer and it is submitted that no case for grant of bail is made out.
6. Having considered the rival submissions and on perusal of the case
diary and status report received from the trial Court and also considering the
fact that only two witnesses have been examined in the last more than 1 year
& 7 months and cross FIR has also been lodged, whereas the deceased has
died after 10 days of the incident, in the considered opinion of this Court, the
applicant's application deserves to be allowed.
NEUTRAL CITATION NO. 2026:MPHC-IND:5571
3 MCRC-54985-2025
7. Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed to be
released on bail upon furnishing a personal bond in the sum of Rs.25,000/-
(rupees twenty five thousand) with one solvent surety of the like amount to
the satisfaction of the trial Court for his regular appearance before the trial
Court during trial with a condition that he shall remain present before the
court concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8. However, it is directed that if the applicant is found to be involved
in violation of any of the terms of this order, an application for cancellation
of his bail may be filed before the trial Court itself, which shall decide the
same in accordance with law.
9. M.Cr.C. stands allowed.
(SUBODH ABHYANKAR)
JUDGE
trilok
